Coy v. Utica & Schenectady Rail Road
New York Supreme Court
THIS action was tried at the Montgomery circuit, and judgment entered for the plaintiff, from which the defendants appealed.
Read the full summary
THIS action was tried at the Montgomery circuit, and judgment entered for the plaintiff, from which the defendants appealed. The complaint averred that the defendants, in 1849, were the owners of the Utica and Schenectady Rail Road, and of the Mohawk Turnpike, which lay side by side ; that the defendants, in constructing their rail road at a place designated, encroached upon the turnpike, greatly impaired its usefulness to the public and rendered it dangerous to travel with horses and carriages “ by taking and using a part of said turnpike for their road bed, and omitting to restore the same…
1Opinion of the Court
By the Court, James, J.
This verdict cannot be sustained, unless the injury recovered for was caused by some wrongful or negligent act of the defendants, their agents or servants. The train of cars which frightened the horse was on the defendants’ own premises, in its legitimate use, moving at proper speed, and there is no pretense that its management was unskillful, negligent or improper. But the plaintiff based her right to recover, not upon the improper, negligent or unskillful use or running of the trains, but, 1st. Because of an encroachment by the rail road upon the turnpike way, and…
2Cases cited4 opinions
- Suydam v. MooreNew York Supreme Court · 1850
- Hentz v. Long Island RailroadNew York Supreme Court · 1852
- Durkee v. MottNew York Supreme Court · 1850
- Foot & Reynolds v. WiswallNew York Supreme Court · 1817
3Cited by4 opinions
- City of Atlanta v. WilsonSupreme Court of Georgia · 1877
- Lafferty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Nashville & Decatur Rail Road v. ComansSupreme Court of Alabama · 1871
- Skinner v. New York, O. & W. RailroadNew York Supreme Court · 1900